Summary: We cannot investigate Mr X’s complaint about how a school provides its education and the Council’s response to his complaint about this.

The complaint

1. Mr X says the Council failed to investigate his complaint about a school failing to provide education to his child, D and discriminating against D.

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The Ombudsman’s role and powers

2. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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How I considered this complaint

3. I considered information provided by Mr X which included the Council’s reply to him.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In May 2025 Mr X complained to the Council that a school had not provided his child, D, with the education they needed. This included not sending work home. He believes the school discriminated against D. He says he appealed to the Tribunal on the basis of disability discrimination.
6. The Council replied to Mr X in June. It said it would not investigate his complaint and he would need to complain to the school directly.
7. We have no power to investigate how a school provides education to a pupil. We cannot investigate his complaint against the school.
8. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin)). This applies to Mr X’s complaint as we cannot investigate the school’s actions.

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Final decision

9. We cannot investigate Mr X’s complaint because it is about a school’s provision of education and the Council’s response to a complaint about that.

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Investigator's decision on behalf of the Ombudsman